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Board votes to vacate Heimlich Drain south of railroad if developer pays $50,000 toward Long Branch fund
Summary
After a public hearing and technical discussion, the board voted to vacate the Heimlich Drain south of the railroad conditioned on BR Solar Sheriff contributing $50,000 to the Long Branch fund and on agreements among landowners and staff to resolve easements.
The board continued a public hearing on a petition to vacate the Heimlich Drain south of the railroad and heard from the petitioners and engineers about alternative drainage arrangements. Attorney Andy Barroger, speaking for the petitioners, framed the request as a regulated drain vacation under the cited statutory provision: "we are requesting under 3692734 subsection d regulated drain vacation," he said.
Technical witnesses and staff explained that portions of the Long Branch tile and Heimlich drainage are currently nonfunctioning or obstructed and that an alternate outlet to the south is workable. During negotiation, project representatives and board members discussed contributions to local repair funds; a figure of $50,000 was proposed to seed the Long Branch fund. In his motion, a board member summarized the package: vacate the Heimlich Drain south of the railroad upon BR Solar Sheriff contributing $50,000 to the Long Branch Fund and upon county staff (Raymond) and the developer (Arthur) reaching agreement on the Long Branch easement and related arrangements.
That motion was seconded and carried by voice vote. Board members stressed that assessments for drainage would remain agricultural in classification and that legal descriptions and easement language need to be reconciled before permanent changes are recorded. Staff was directed to ensure the $50,000 contribution and the agreed easement language are documented before recordation of the vacation.
